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Common Assault
If you have been charged with or accused of common assault, you need expert criminal defence advice immediately.
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Elements of the offence
If you have been charged with common assault, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
For the prosecution to prove the offence of common assault, they must prove that one of the two types of common assault was committed. Common assault can be dealt with at common law, or under s 23 of the Summary Offences Act 1966 (Vic).
At common law, common assault is defined as:
For the prosecution to prove the offence of common assault, they must prove that one of the two types of common assault was committed. Common assault can be dealt with at common law, or under s 23 of the Summary Offences Act 1966 (Vic).
At common law, common assault is defined as:
1. Making unlawful contact with another person or threatening to do so
Under s 23 of the Summary Offences Act it is:
1. The accused unlawfully assaulted or beat another person; and
2. The accused had no lawful justification or defence.
Will I have to go to court?
Charges for common assault are most often dealt with summarily in the Magistrates’ Court. However, depending on the circumstances of the offence and any other charges laid, the case may be heard in a higher court; expert legal advice is important in ensuring the most appropriate defence to a charge of common assault.
Once the case goes to court, it is up to the prosecution to prove either of the categories of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument.
Maximum penalty
At common law, the maximum penalty this offence carries is 5 years imprisonment. Under the Summary Offences Act, the maximum penalty is three months imprisonment. Both types of assault will likely be heard in the Magistrates’ Court..
What sentences are usually given?
Despite the different maximum sentences available for the different categories of common assault, the sentencing trends are similar for each type of charge.
Between 1 July 2011 and 30 June 2016, under the Summary Offences Act, 61% of people charged with common assault received a sentence of imprisonment. At Common Law 58.4% of people received a term of imprisonment, with 2.6% receiving the maximum penalty of 5 years.
As the maximum penalty varies between the two types of Common Assault it is necessary to seek expert legal advice to ensure you understand the nature of the charge and how best to prepare a defence to it.
Defence strategies
Challenge the Evidence
Examine witness credibility and consistency. Challenge the prosecution's case thoroughly.
Procedural Issues
Identify any breaches in police procedure or evidence gathering that could affect admissibility.
Self-Defence
Establish lawful self-defence or defence of another person where applicable.
Mistaken Identity
Challenge whether the accused was actually the person involved in the alleged offence.
Mitigation
Present compelling mitigation factors to reduce sentence severity if guilty plea is appropriate.
Expert Advice
Leverage expert legal analysis to identify weaknesses in the prosecution's case.
Why Clients Choose Emma Turnbull Lawyers for Affray Offences?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
Facing Charges of Common Assault?
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